Steve Buckstein with the Cascade Policy Institute told the Cover Oregon Board last month that a decision by the federal D.C. Circuit Court of Appeals on the case "Halbig versus Sebelius" could prevent the federal website from allowing subsidies.

"The people who sign up on the federal exchange are not eligible for the tax credits. The Obama Administration has been granting them illegally. But I think Oregonians need to know this is one of the risks associated with the failure of Cover Oregon."

The case argues that the Affordable CAre Act does not allow for tax subsidies at the federal exchange -- only at state exchanges.

The Obama Administration is arguing the intent of the law is to allow all Americans -- either on state exchanges or the federal one -- be eligible for these subsidies.

A decision by the court of appeals is expected soon, but the case is expected to be appealed to the Supreme Court.